Abstract

In City of Arlington v. FCC, the Supreme Court told federal judges to be deferential to agencies’ definition of their jurisdiction when a statute is ambiguous. The ruling could give regulators a major boost in fighting off legal challenges. But judges can get around the decision simply by holding that a statute is not ambiguous. Given the mixed record of judicial deference to agencies, the case may do little to bolster the bureaucrats.

Shane, Peter M., City of Arlington v FCC: Boon to the Administrative State or Fodder for Law Nerds? (June 6, 2013). Bloomberg BNA Daily Report for Executives B1-B5; Ohio State Public Law Working Paper No. 217. Available at SSRN: https://ssrn.com/abstract=2284308